Company To Proceed Expeditiously. The Company shall proceed expeditiously to cause to be commenced the liquidation of the remaining Loans and Acquired Collateral by means of sealed bid sales to Persons other than Affiliates of the Company, the Servicer or any Subservicer, or Affiliates of the Servicer or any Subservicer. The selection of any financial adviser or other third party broker or sales agent retained for the liquidation of the remaining Loans and Acquired Collateral pursuant to this Section shall be subject to the prior approval of Participant, such approval not to be unreasonably withheld, delayed or conditioned. In the event the remaining Loans and Collateral are not liquidated by the date specified in the notice provided by Participant pursuant to Section 9.02, Participant shall be entitled to liquidate the remaining Loans and Collateral in its discretion and the Company shall cooperate and assist with such liquidation to the extent reasonably requested by Participant. In the event the Company or any Affiliate thereof desires to bid to acquire the remaining Loans and Collateral, then Participant shall be entitled to liquidate the remaining Loans and Collateral in its discretion. In the event Participant undertakes to liquidate the remaining Loans and Collateral pursuant to this Section, all costs and expenses incurred by it shall be deducted from the Loan Proceeds and, after reimbursing the Company for any Company Advances to which it is entitled pursuant to this Agreement, the remaining Loan Proceeds shall be allocated between and distributed to Participant and the Company in accordance with Section 4.01.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement
Company To Proceed Expeditiously. The Upon receipt of notice under Section 9.02, the Company shall proceed expeditiously to cause to be commenced the liquidation of the remaining Loans and Acquired Collateral by means of sealed bid sales to Persons other than Affiliates Related Persons of the Company, Company or the Servicer or any Subservicer, or Affiliates Related Persons of the Servicer or any Subservicer. The selection of any financial adviser or other third party Person, broker or sales agent retained for the liquidation of the remaining Loans and Acquired Collateral pursuant to this Section 9.03 shall be subject to the prior approval of the Participant, such approval not to be unreasonably withheld, delayed or conditionedconditioned as long as the fees to be charged by such financial adviser or other Person, broker or sales agent are reasonable. In the event the remaining Loans and Acquired Collateral are not liquidated by the date specified in the notice provided by the Participant pursuant to Section 9.02, the Participant shall be entitled to liquidate the remaining Loans and Acquired Collateral in its discretion and the Company shall cooperate and assist with such liquidation to the extent reasonably requested by the Participant. In the event the Company or any Affiliate Related Person thereof desires to bid to acquire the remaining Loans and Acquired Collateral, then the Participant shall be entitled to liquidate the remaining Loans and Acquired Collateral in its discretion. In the event the Participant undertakes to liquidate the remaining Loans and Acquired Collateral pursuant to this SectionSection 9.03, all costs and expenses incurred by it shall be deducted from the Loan Proceeds and, after reimbursing the Company for any Company Advances amounts to which it is entitled pursuant to Section 3.04 of this Agreement, the remaining Loan Proceeds shall be allocated between and distributed to the Participant and the Company in accordance with Section 4.01.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement
Company To Proceed Expeditiously. The Company shall proceed expeditiously to cause to be commenced the liquidation of the remaining Loans and Acquired Collateral by means of sealed bid sales to Persons other than Affiliates of the Company, the Servicer or any Subservicer, or Affiliates of the Servicer or any Subservicer. The selection of any financial adviser or other third party Person, broker or sales agent retained for the liquidation of the remaining Loans and Acquired Collateral pursuant to this Section shall be subject to the prior approval of Participant, such approval not to be unreasonably withheld, delayed or conditionedconditioned as long as the fees to be charged by such financial adviser or other Person, broker or sales agent are reasonable. In the event the remaining Loans and Acquired Collateral are not liquidated by the date specified in the notice provided by Participant pursuant to Section 9.02, Participant shall be entitled to liquidate the remaining Loans and Acquired Collateral in its discretion and the Company shall cooperate and assist with such liquidation to the extent reasonably requested by Participant. In the event the Company or any Affiliate thereof desires to bid to acquire the remaining Loans and Acquired Collateral, then Participant shall be entitled to liquidate the remaining Loans and Acquired Collateral in its discretion. In the event Participant undertakes to liquidate the remaining Loans and Acquired Collateral pursuant to this Section, all costs and expenses incurred by it shall be deducted from the Loan Proceeds and, after reimbursing the Company for any Company Advances amounts to which it is entitled pursuant to Section 3.03 of this Agreement, the remaining Loan Proceeds shall be allocated between and distributed to Participant and the Company in accordance with Section 4.01.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement